Roberts

Defendant Bob Lee Roberts appeals from an order extending his commitment as a mentally disordered sex offender (MDSO) for two years pursuant to Welfare and Institutions Code section 6316.2. Roberts contends section 6316.2, subdivision (j), is unconstitutional because it provides a finding of amenability is not a prerequisite for extending the commitment of an MDSO beyond the maximum term he could have served for the underlying criminal offense. We conclude Roberts’ argument is without merit.

Facts

On August 5, 1973, Roberts picked up 15-year-old Cherie W., who was hitchhiking, and took her to his house. When Cherie refused to let Roberts kiss her, Roberts dragged her into the bedroom, took her clothes off, tied her up, forced her to engage in various acts of oral copulation, and then raped her. Later, when Cherie began to scream, Roberts either strangled her, used an extension cord to electrocute her, or both.

Roberts pleaded guilty to murder in the second degree (Pen. Code, § 187) on October 30, 1973. The trial court adjourned the criminal proceedings and certified Roberts for hearing and examination (§ 6302) to determine whether he was an MDSO under section 6300 et…